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Picture this: an employee walks out mid-project, sends a company-wide email airing grievances and takes to social media before the workday is finished. For a growing number of employees, this is what’s now being called revenge quitting.
It involves abruptly resigning at the worst possible time while attempting to embarrass your employer or a manager through public statements and online posts. The goal is to send a loud message and cause disruption – and it appears to be gaining traction.
A survey of 3,600 U.S. workers by job platform Monster last March found that nearly half of all employees say they have quit a job abruptly and without notice, often to avenge perceived poor treatment or toxic workplace culture. More than half said they have witnessed a colleague do the same and most believe such dramatic exits are justified when workplace conditions deteriorate.
Supporters may cheer these moments as workers stand up to bad bosses or toxic workplaces but, despite any short-term empowerment, these public exits are often short-sighted. Deliberately embarrassing or disrupting your company can carry real legal and professional consequences.
Wrongful resignation
If you resign without notice, you can be sued for wrongful resignation – a claim seeking damages for losses caused by your inadequate notice.
How much notice is required? It depends first on your employment contract and whether there is a clause setting out a specific timeline. If not, the courts still require you to provide a reasonable amount of notice, based upon the length of time it should take your employer to find a qualified replacement.
This can range from several weeks to several months based on your seniority, job specialization and labour market reality. Several provinces including Alberta, Saskatchewan, Manitoba and most of the Maritimes have also legislated a minimum resignation period ranging from one to six weeks, depending on your tenure, which must also be followed.
If you fail to provide appropriate notice of your resignation, you can be sued, especially if your hasty resignation caused your company specific and identifiable losses beyond mere inconvenience. These may include operational disruption, lost profits, temporary staffing costs, overtime and recruiting costs to fill the vacant role.
While such claims are relatively rare, if you have publicly embarrassed your employer and left it in the lurch, you may be giving it additional motivation to respond.
Defamation
If your departure includes sharing negative comments about your employer, boss or colleagues, you may be exposing yourself to a defamation claim. In Canada, defamation occurs where a false statement is made to others that harms a person’s or company’s reputation.
Once established, damages are presumed and the burden shifts to you to prove a defence – most commonly truth or fair comment on a matter of public interest. This is where things can go wrong. Statements that are untrue or go beyond honest opinion can ground a defamation claim and if you made those statements maliciously, it can defeat any defences that were otherwise available.
Breach of confidentiality obligations
Some employees leave with or disclose internal emails, company strategies, compensation information or client-related materials. Courts strictly enforce obligations relating to confidential business information, especially if an ex-employee is threatening to misuse it and employers can take steps to compel them to return or destroy improperly retained materials.
Misuse of property and data
Downloading files, forwarding emails or deleting data from company devices can also attract civil liability, including the cost of restoring lost information. Employers are deemed to own information stored on their systems and interfering with that data can lead to a claim.
Non-disparagement obligations
Employers are increasingly requiring workers to sign agreements stating they will not disparage the company, its brand or its leadership following their departure. This can be problematic for anyone contemplating posting unflattering online opinions about their experiences working at the company, especially if it can be traced back to them.
Reputational and reemployment concerns
Criticizing your boss or company in a public way can also complicate your ability to secure work down the road. You may struggle to secure references, face issues in background checks or cause a prospective employer to reconsider hiring you altogether.
None of this suggests workers should tolerate abusive or unlawful behaviour in the workplace. But when conflicts arise, a more strategic approach is usually the better option.
Employees who believe they are being mistreated should consider documenting incidents, raising concerns internally or seeking legal advice before making any irreversible decisions. In some cases, a negotiated exit or formal complaint can achieve far better results than attempting to embarrass your employer. These steps are far more likely to protect both your reputation and your legal rights.
As satisfying as revenge quitting may appear online, the reality is that taking public steps to criticize your employer can easily backfire. The moment may be public – but the consequences are personal and can last.
Daniel A. Lublin is a founding partner at Whitten & Lublin Employment Lawyers, representing clients in workplace legal disputes. He can be reached at Dan@canadaemploymentlawyer.com.